Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Wilcox v. Wild Well Control, Inc.

United States Court of Appeals, Fifth Circuit

July 24, 2015

JOSEPH R. WILCOX; LISA WILCOX, Plaintiffs--Appellants
v.
WILD WELL CONTROL, INCORPORATED; SUPERIOR ENERGY SERVICES, INCORPORATED, Defendants--Appellees JOSEPH R. WILCOX; LISA WILCOX, Plaintiffs--Appellants
v.
MAX WELDERS, L.L.C., Defendant--Appellee, WILD WELL CONTROL, INCORPORATED; SUPERIOR ENERGY SERVICES, INCORPORATED, Defendants--Appellees--Appellants

As Revised, August 11, 2015.

Page 532

[Copyrighted Material Omitted]

Page 533

Appeals from the United States District Court for the Eastern District of Louisiana.

For Joseph R. Wilcox, Lisa Wilcox, Plaintiffs - Appellants (13-31281): Kenneth Henry Hooks III, Dodson & Hooks, A.P.L.C., Baton Rouge, LA; Michael F. Sturley, University of Texas School of Law, Austin, TX.

For Wild Well Control, Incorporated, Superior Energy Services, Incorporated, Defendants - Appellees (13-31281): Jefferson Randolph Tillery, Esq., Jones Walker, L.L.P., New Orleans, LA.

For Joseph R. Wilcox, Lisa Wilcox, Plaintiff - Appellant Cross-Appellee (14-30137): Kenneth Henry Hooks III, Dodson & Hooks, A.P.L.C., Baton Rouge, LA; Michael F. Sturley, University of Texas School of Law, Austin, TX.

For Max Welders, L.L.C., Defendant - Appellee (14-30137): James H. Daigle, Christopher Matthew Hannan, Esq., Baker, Donelson, Bearman, Caldwell & Berkowitz, P.C., New Orleans, LA; Evans Martin McLeod, Esq., Phelps Dunbar, L.L.P., New Orleans, LA.

For Wild Well Control, Incorporated, Superior Energy Services, Incorporated, Defendant - Appellee Cross-Appellant (14-30137): Jefferson Randolph Tillery, Esq., Jones Walker, L.L.P., New Orleans, LA.

Before DENNIS, PRADO, and HIGGINSON, Circuit Judges.

OPINION

Page 534

EDWARD C. PRADO, Circuit Judge:

This appeal arises from injuries sustained by Plaintiff--Appellant Joseph R. Wilcox while welding on an offshore platform. Wilcox, an employee of Defendant--Appellee Max Welders, L.L.C., was working as the borrowed employee of Defendant--Appellee--Appellant Wild Well Control, Incorporated, a subsidiary of Defendant--Appellee--Appellant Superior Energy Services, Incorporated. Wilcox sued the Defendants under, inter alia, the Jones Act. Superior and Wild Well filed a cross-claim for indemnity from Max Welders pursuant to a Master Service Agreement (MSA) or, in the alternative, Vessel Boarding, Utilization and Hold Harmless Agreement (VBA) between Superior and Max Welders. The district court granted summary judgment to all Defendants on the Jones Act claims because it found that Wilcox is not a Jones Act seaman and granted summary judgment to Max Welders on indemnity because 1) the MSA was void under Louisiana law and 2) the VBA did not apply to Wilcox's work. Wilcox, Superior, and Wild Well appeal these decisions. We affirm.

I. FACTUAL AND PROCEDURAL BACKGROUND

Max Welders is a contractor that provides various offshore construction, fabrication, and repair services. Max Welders employed Wilcox as a welder. During his employment with Max Welders, Wilcox worked in numerous locations, including a fabrication yard in Louisiana and on various rigs, barges, and vessels owned by Max Welders' customers. Wilcox concedes that during his entire employment with Max Welders, he spent less than thirty percent of his time in service of any one vessel or group of vessels.

Energy Resource Technology GOM, Incorporated (ERT) hired Wild Well--a subsidiary of Superior--to decommission a well in the Gulf of Mexico (" the ERT job" ). Wild Well contracted with Max Welders to ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.